Case Type
Holdover-Nuisance
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
332849123
Petitioner
JEROME HAROLD
Respondent
FRANCOIS GAETHAN, RAYMOND JAMES
Judge
Slutzky, Elyssa O.
Decision/Order Date
2025-04-07
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nuisance holdover case, the landlord sought possession of the premises after serving a Notice of Termination, but the tenant argued that the landlord’s acceptance of rent during the “window period†after the notice’s expiration vitiated the notice, requiring dismissal. The court found that, despite the landlord’s claim that the rent was applied to arrears prior to the notice expiration, the key factor was the act of accepting and cashing the rent during the window period. The landlord’s intention to proceed with the case was deemed irrelevant because a new proceeding could be initiated, leading to the dismissal of the case.
Recommended Citation
"HAROLD v. GAETHAN" (2025). All Decisions. 1768.
https://ir.lawnet.fordham.edu/housing_court_all/1768
